§ 18.32.090. Variances—Permits not in compliance with standards.  


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  • The Butte-Silver Bow floodplain board of adjustment may, by variance, grant a permit that is not in compliance with the minimum standards contained in this title according to the following procedures:

    A.

    Variances shall not be issued for areas within any floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result;

    B.

    Variances shall only be issued upon:

    1.

    A showing of good and sufficient cause;

    2.

    A determination that failure to grant the variance would result in exceptional hardship to the applicant or community;

    3.

    A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing state laws or local resolutions;

    4.

    A determination that the proposed use would be adequately floodproofed;

    5.

    A determination that a reasonable alternative location outside the floodplain is not available;

    6.

    A determination that the variance requested is the minimum necessary, considering the flood hazard, to afford relief; and

    7.

    An approval of the Department of Natural Resources and Conservation is obtained upon request of the Butte-Silver Bow floodplain board of adjustment of any permit application that requests a variance with this title; and

    C.

    Variances shall be issued in writing from the Butte-Silver Bow floodplain board of adjustment and shall notify the applicant that:

    1.

    The specific variance that is granted, along with any conditions attached, thereon;

    2.

    Issuance of a variance to construct a building below the one-hundred-year floodplain elevation will result in increased premium rates for flood insurance; and

    3.

    Such construction below the one-hundred-year flood elevation increases risks to life and property. The floodplain administrator shall maintain the records of variance notification, variance actions, including justification for their issuance, and forward copies of all variance actions to the Department of Natural Resources and Conservation on a quarter-year basis, and to the Federal Emergency Management Agency.

(Ord. 403 § 1 (part), 1991; Ord. 190 § 1(B), 1983: Ord. 89 § 5.04(B), 1979)